Florida committee adopts narrower buffer limiting new incinerators near Everglades impoundments

Representative Dot (Representative Bartleman) introduced HB 1089, a targeted measure to prohibit new ash-producing incinerators and waste-to-energy facilities near federally authorized impoundment areas that are critical to Everglades restoration, flood protection and drinking water supply. He said the bill seeks to protect infrastructure that stores and manages freshwater and that nearby incinerators could deposit pollutants into surface water and groundwater.

The sponsor filed and explained an amendment that reduced the proposed 2-mile protective radius to 1 mile and limited the rule to parcels in counties with populations under 1,700,000 as measured by the 2020 census; the sponsor said the change effectively narrows the bill to Miami-Dade and Broward counties. The committee adopted the amendment by voice vote.

Industry and local-government perspectives diverged in public testimony. Joe Kilsheimer, executive director of the Florida Waste-to-Energy Coalition, opposed the bill, telling the committee it would "tie the hands of local leaders" who rely on waste-to-energy as an option for municipal solid waste disposal. Kilsheimer cited the 1977 Florida Resource Recovery Act as historical context and said modern facilities avoid millions of tons of landfill disposal and recover hundreds of thousands of tons of metal annually.

Mayor Wayne Messam of Miramar spoke in support. He said his city and neighboring communities face proposed waste-to-energy developments just across county lines that could sit "within an eighth of a mile from our schools, from our parks, from our churches, from our homes," and warned of unresolved health risks associated with PFAS, dioxins and other emissions.

Sponsor Bartleman closed by stressing the bill does not affect existing facilities and that the amendment narrows statewide application; there was limited committee debate. On the roll call, the committee recorded 14 yays and 0 nays and reported the bill favorably.

The committee will send HB 1089 as amended out of the subcommittee for further consideration in the House process.